(a) A vessel shall not be considered to be actually engaged in the foreign trade, or in trade between the Atlantic and Pacific ports of the United States, or between the United States and its possessions, or between Hawaii and any other part of the United States or between Alaska and any other part of the United States, as the case may be, for the purpose of withdrawing supplies free of duty and internal-revenue tax pursuant to section 309(a), Tariff Act of 1930, as amended, unless it is—

(1) Operating on a regular schedule in a class of trade which entitles it to the privilege;

(2) Actually transporting passengers or merchandise to or from a foreign port, a port on the opposite coast of the United States, or between a port in a possession of the United States and a port in the United States or in another of its possessions, or between Hawaii and any other part of the United States or between Alaska and any other part of the United States;

(3) Departing in ballast (without cargo or passengers) from one port for another, domestic or foreign, for the purpose of lading passengers or cargo at the port of destination for carriage in a class of trade specified in section 309(a), Tariff Act of 1930, as amended, for which class of trade the vessel is suitable and substantially ready for service with necessary fittings, outfit, and equipment already installed on its departure in ballast, and from which it is not diverted prior to carriage of passengers or cargo in such trade. A written declaration of the owner or agent of the vessel may be required in connection with the withdrawal, certifying to the vessel's suitableness and substantial readiness with necessary fittings, outfit, and equipment already installed on its departure in ballast for service in a class of trade specified in section 309 and agreeing to notify the port director if it is laid up or diverted from such class of trade prior to the carriage of cargo or passengers in such trade.

(b) A withdrawal of articles may not be made under section 309, Tariff Act of 1930, as amended, for use on a trial or test trip of a vessel preparatory to its actually engaging in trades.

(c) The classes of articles which may be withdrawn as provided for by section 309, Tariff Act of 1930, as amended, include the containers in which the articles are withdrawn and laden even though for tariff purposes the containers are classifiable separately from their contents, except unusual containers within the purview of General Rule of Interpretation 5, Harmonized Tariff Schedule of the United States (HTSUS).

(d) For the purpose of allowing the privileges of section 309, Tariff Act of 1930, as amended, to aircraft as provided for therein, an aircraft shall be deemed to be a vessel within the meaning of each provision of this section and of §§ 10.60 through 10.64 which may be applied to aircraft.

(e) A documented vessel with a fisheries license endorsement and foreign fishing vessels of 5 net tons or over may be allowed to withdraw distilled spirits (including alcohol), wines, and beer conditionally free under section 309, Tariff Act of 1930, as amended (19 U.S.C. 1309), if the port director is satisfied from the quantity requested, in the light of (1) whether the vessel is employed in substantially continuous fishing activities, and (2) the vessel's complement, that none of the withdrawn articles is intended to be removed from the vessel in, or otherwise returned to, the United States without the payment of duty or tax. Such withdrawal shall be permitted only after the approval by the port director of a special written application, in triplicate, on Customs Form 5125, of the withdrawer, supported by a bond on Customs Form 301, containing the bond conditions set forth in § 113.62 of this chapter executed by the withdrawer. Such application shall be filed with Customs Form 7501 or 7512, as the case may be. The original and the triplicate copy of the application, after approval, shall be stamped with the withdrawal number and date thereof and shall be returned to the withdrawer for use as prescribed below. Approval of each such application shall be subject to the condition that the original and the triplicate copy shall be presented thereafter by the withdrawer or the vessel's master to the port director within 24 hours (excluding Saturday, Sunday, and holidays) after each subsequent arrival of the vessel at a Customs port or station and that an accounting shall be made at the time of such presentation of the disposition of the articles until the port director is satisfied that all of them have been consumed on board, or landed under Custom's supervision, and takes up the original application. (The withdrawer shall retain the triplicate copy as evidence of consumption on board or landing under Customs supervision.) The approval shall be subject to the further conditions that any such withdrawn article remaining on board while the vessel is in port shall be safeguarded in the manner and to such extent as the district director for the port or place of arrival shall deem necessary and that failure to comply with the conditions upon which a conditionally free withdrawal is approved shall subject the total quantity of withdrawn articles to the assessment and collection of an amount equal to the duties and taxes that would have been assessed on the entire quantity of supplies withdrawn had such supplies been regularly entered, or withdrawn, for consumption.

Exemption from internal-revenue tax on distilled spirits, alcohol, wines, and beer removed from any internal-revenue bonded warehouse, industrial alcohol premises, bonded wine cellar, or brewery; and drawback on taxpaid distilled spirits or wines removed from an export storage room, or on taxpaid beer removed from a brewery (or place of storage elsewhere), for use as supplies on vessels under section 309, Tariff Act of 1930, as amended, are governed by regulations of the Internal Revenue Service.

(f) Pursuant to section 309(d) of the Tariff Act of 1930, as amended, the Department of Commerce has found and advised the Secretary of the Treasury of the foreign countries which allow privileges to aircraft registered in the United States substantially reciprocal to those described in sections 309 and 317 of the Tariff Act of 1930, as amended. Advices also have been received of changes and limitations of privileges allowed. In accordance with these advices, Treasury decisions are issued extending to the aircraft of foreign countries free withdrawal privileges reciprocal to those found by the Secretary of Commerce to be extended by those countries to aircraft registered in the United States or making changes in such privileges on the basis of new findings. Listed below by countries are the Treasury decisions issued pursuant to such findings which are currently in effect:

Country

Treasury Decision(s)

Exceptions if any, as noted—

*See also Taiwan

Abu Dhabi

95-45

Argentina

54925 (1)92-20

Applicable only as to aircraft equipment, spare parts, and supplies.

Australia

54747 (1)

Not applicable to ground equipment.

Austria

80-68

Bahamas

52798 (3)

Bahrain

95-45

Belgium

52846 (2)

Benin

71-215,93-

Bermuda

49944 (4)

Brazil

53281 (2)

Canada

69-14969-245

Not applicable to ground equipment during period May 1 to September 16, 1969, inclusive.

Chile

66-128 (2)

China*

82-91

Colombia

70-107 (1)

Costa Rica

53658 (1)

Cuba

81-198

Applicable only as to aircraft supplies.

Czechoslovakia

70-107 (1)

Denmark

51966 (3)

Dominican Republic

54522 (1)

Ecuador

52510 (4)

Egypt

74-385-141

El Salvador

54675 (1)

Finland

69-120 (2)

France

67-96 (1)

Not applicable to tobacco products under section 317 of the tariff act. Not applicable to ground equipment.

Federal Republic of Germany

69-150

Not applicable to ground equipment.

Greece

54847 (1)

Guyana

78-28

Honduras

71-154

Iceland

67-265 (1)

India

55155 (1)

Indonesia

90-61

Applicable only as to aviation fuels and lubricants.

Iran

75-254

Ireland

55291 (1)

Israel

52831 (3)

Italy

69-223

Not applicable to ground equipment.

Ivory Coast

71-215

Jamaica

70-250

Japan

53550 (1), 88-45

Not applicable to ground support equipment as of August 1, 1986

Jordan

74-102

Kenya

71-102

Applicable only as to aircraft fuels and lubricants.

Lebanon

53902 (1)

Luxembourg

89-77

Applicable only as to aviation fuels.

Mexico

54506 (5)

Morocco

75-254

Netherlands

52494 (2)

Netherlands Antilles

71-211

New Zealand

73-52

Not applicable to ground equipment.

Nicaragua

54640 (1)

Norway

51966 (3)

Oman

95-45

Pakistan

55416 (1)

Panama

55453 (1)

Peru

52911 (2)

Poland

72-153

Portugal

68-107 (1)

Not applicable to ground equipment.

Qatar

95-45

Republic of Korea

71-140

Republic of the Philippines

71-197

Romania

75-35

Saudi Arabia

73-307, 92-68

Senegal

71-215

Singapore

93-25

South Africa

69-162

Not applicable to ground equipment.

Spain

54522 (2)

Sweden

51966 (3)

Switzerland

56047

Taiwan

70-107 (1), 82-91

Not applicable to ground equipment.

Tanzania

71-102

Applicable only as to aircraft fuels and lubricants.

Thailand

71-138, 89-6

Trinidad and Tobago

56441 (1)

Turkey

89-7

Uganda

71-102

Applicable only as to aircraft fuels and lubricants.

Union of Soviet Socialist Republics

67-123 (1)

United Kingdom

69-176

Not applicable to ground equipment.

Venezuela

55425 (1)

Yugoslavia

71-138

Zambia

89-5

[28 FR 14663, Dec. 31, 1963]

Editorial Note:

For Federal Register citations affecting § 10.59, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.

Title 19 published on 2014-04-01

The following are only the Rules published in the Federal Register after the published date of Title 19.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

2014-05-27; vol. 79 # 101 - Tuesday, May 27, 2014

79 FR 30356 - African Growth and Opportunity Act (AGOA) and Generalized System of Preferences and Trade Benefits Under AGOA

DEPARTMENT OF THE TREASURY, DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection

Final rule.

Effective June 26, 2014.

19 CFR Parts 10, 163, and 178

Summary

This document adopts as a final rule, with some changes, interim amendments to the U.S. Customs and Border Protection (CBP) regulations which were published in the Federal Register on October 5, 2000, as T.D. 00-67, and later amended by T.D. 03-15 published in the Federal Register on March 21, 2003, to implement the trade benefit provisions for sub-Saharan Africa contained in Title I of the Trade and Development Act of 2000, as amended. The trade benefits under Title I, also referred to as the African Growth and Opportunity Act (AGOA), apply to sub-Saharan African countries designated by the President and involve: The extension of duty-free treatment under the Generalized System of Preferences (GSP) to non-textile articles normally excluded from GSP duty-free treatment that are not import-sensitive; and the entry of specific textile and apparel articles free of duty and free of any quantitative limits. The regulatory amendments adopted as a final rule in this document reflect and clarify the statutory standards for preferential tariff treatment under the AGOA, as amended by section 3108 of the Trade Act of 2002 and include other amendments necessitated by passage of the AGOA Acceleration Act of 2004 and the Africa Investment Incentive Act of 2006. This final rule includes specific documentary, procedural and other related requirements that must be met in order to obtain preferential treatment. This document also adopts as a final rule interim amendments to the CBP regulations implementing the GSP which were included in T.D. 00-67 to conform those regulations to previous amendments to the GSP statute. Moreover, this document adopts as a final rule other changes to the AGOA implementing regulations made by T.D. 03-15 to clarify several issues that arose after their original publication.

DEPARTMENT OF THE TREASURY, DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection

Final rule.

Final rule effective June 20, 2014.

19 CFR Parts 10, 24, 162, 163, and 178

Summary

This document adopts as a final rule interim amendments to the U.S. Customs and Border Protection (CBP) regulations which were published in the Federal Register on October 23, 2013, as CBP Dec. 13-17, to implement the preferential tariff treatment and other customs-related provisions of the United States-Panama Trade Promotion Agreement.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

DEPARTMENT OF THE TREASURY, DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection

Final rule.

Effective June 26, 2014.

19 CFR Parts 10, 163, and 178

Summary

This document adopts as a final rule, with some changes, interim amendments to the U.S. Customs and Border Protection (CBP) regulations which were published in the Federal Register on October 5, 2000, as T.D. 00-67, and later amended by T.D. 03-15 published in the Federal Register on March 21, 2003, to implement the trade benefit provisions for sub-Saharan Africa contained in Title I of the Trade and Development Act of 2000, as amended. The trade benefits under Title I, also referred to as the African Growth and Opportunity Act (AGOA), apply to sub-Saharan African countries designated by the President and involve: The extension of duty-free treatment under the Generalized System of Preferences (GSP) to non-textile articles normally excluded from GSP duty-free treatment that are not import-sensitive; and the entry of specific textile and apparel articles free of duty and free of any quantitative limits. The regulatory amendments adopted as a final rule in this document reflect and clarify the statutory standards for preferential tariff treatment under the AGOA, as amended by section 3108 of the Trade Act of 2002 and include other amendments necessitated by passage of the AGOA Acceleration Act of 2004 and the Africa Investment Incentive Act of 2006. This final rule includes specific documentary, procedural and other related requirements that must be met in order to obtain preferential treatment. This document also adopts as a final rule interim amendments to the CBP regulations implementing the GSP which were included in T.D. 00-67 to conform those regulations to previous amendments to the GSP statute. Moreover, this document adopts as a final rule other changes to the AGOA implementing regulations made by T.D. 03-15 to clarify several issues that arose after their original publication.

DEPARTMENT OF THE TREASURY, DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection

Final rule.

Final rule effective June 20, 2014.

19 CFR Parts 10, 24, 162, 163, and 178

Summary

This document adopts as a final rule interim amendments to the U.S. Customs and Border Protection (CBP) regulations which were published in the Federal Register on October 23, 2013, as CBP Dec. 13-17, to implement the preferential tariff treatment and other customs-related provisions of the United States-Panama Trade Promotion Agreement.